ParkingEye Welcome Break overstay at night

Umkomaas · 4 May 2018 at 12:52PM

lettki wrote: »

I did call to welcome break but they gave me an email address and asked to contact them by email.
Should I write exactly the same as to ParkinEye?

What did you write to PE?

Surely you're not suggesting you use the forum template appeal to send to WB?

Coupon-mad · 4 May 2018 at 1:02PM

lettki wrote: »

I did call to welcome break but they gave me an email address and asked to contact them by email.
Should I write exactly the same as to ParkinEye?

No, you should email a COMPLAINT about the driver being tired and not being allowed to rest/could not see signs in the dark, like you said here:

The driver was very tired and drove in to motorway service station to have a little sleep. The driver did not notice any signs as it was dark; on Google StreetView, the only reference to 24/7 charging is in microscopic print in a different part of the car park.

So you start by saying, you have received an unfair PCN and as registered keeper, you wish to complain. Then the bit (above) about the driver being tired, and finally, ask for WB to please kindly step in and cancel the PCN as it has caused enormous distress already, English is not your first language so you are struggling to deal with the threatening words, and you can't believe that a service station goes against Government advice to drivers to take breaks on long journeys because 'tiredness kills'.

DON'T say who was driving, in the complaint, not ''I had a nap'' nor ''I was on a long journey''!!

Guys_Dad · 4 May 2018 at 1:29PM

It is ludicrous that France, for example, provide free areas on their Autoroutes to allow tired drivers to sleep whereas the UK gives a meagre 2 hours or a £10 charge to sleep in the car.

However, you now know for future information and you will need to find a reason why the charge is not applicable to you. There was, at one time, a suggestion that these areas did not come under POFA and hence no keeper liability but I don't know how far that argument got.

You will need some signage evidence and "Parking free for 2 hours" doesn't help you at all as it sets out a limit for free parking.

The_Deep · 4 May 2018 at 1:38PM

Not just France, Spain and Portugal as well, and in Spain the food can be very acceptable, and not cost an arm and leg. Only in Rip Off Britain ...

I understand that a couple of judges have thrown out such claims on Health and Safety grounds.

lettki · 4 May 2018 at 6:17PM

I just received the answer from Welcome Break and it looks like they do not want to help with that and the answer looks like the automated email with no information about night charges.
They said that Government advise is to rest 20 minutes but does it apply to night at 2am?
Also they mentioned that they want to make sure that car park is not full , again it was empty and all shops closed...

This is what I received:

Many Thanks for your email

May I explain that Welcome Break have always charged for parking after a free stay period. Parking Eye were instructed by Welcome Break in 2010 to monitor and enforce the regulations detailed on the signage in our car parks using ANPR (Automatic Number Plate Recognition) with payment terminals located inside the building and prior to this we used the services of another car park operator who adopted a manned attendant approach.

You will notice that the same parking restrictions apply at all other motorway service areas in the UK such at Moto, Extra and Road Chef i.e. 2-3 hours free parking, after which time, parking tariffs apply. The 2 hour free parking policy at Welcome Break is made clear by signage at the entrance and throughout each of the main parking areas.

Welcome Break; along with other Motorway Service Area operators have a requirement to manage our car parks as it is important that we are able to provide enough parking spaces for regular traveller and long distance travellers. We are unable to provide this if our car parks are full of long term parking vehicles. By charging for parking after the 2 hour free stay, we ensure that our car parks have enough spaces for visitors.

The government advice is that motorists should take a break of at least 20 minutes every two hours and all motorway service providers need to provide free short term parking up to 2 hours. Welcome Break, along with other motorway service providers, have a 2 hour free parking policy.

As a result, Welcome Break has instructed Parking Eye to manage, monitor and enforce Welcome Break parking regulations on our behalf.

There is a process in place for customers who receive parking charge notices that they believe to be unfair or unreasonable. Parking Eye runs an extensive and fully audited appeals service with each appeal being looked at on a case by case basis. If Parking Eye rejects your appeal, you have a further opportunity to appeal to POPLA (Parking on Private Land Appeals Service). This is an independent body for assessing parking charges on private land. The decisions made by this body are binding on Parking Eye but not the motorist.

There is signage detailing the parking charges on the entrances to the car parks and also on the main walkways to the main buildings to highlight that charges apply after the free 2 hour period. The terms and conditions of our car parks are outlined within the signage located within the site. We strive to ensure that these are as clear and apparent as possible and can confirm that we believe there is plenty of notice given to users of our site so that they are made aware of these terms and conditions. In relation to signage, All Parking Eye signage fully adheres to industry guidelines as set out by the British Parking Association.

The appeals process is managed directly through Parking Eye and you can make your appeal via the Parking Eye website:

You may also appeal in writing to:

Parking Eye Ltd

PO Box 565

Chorley

PR6 6HT

Welcome Break can confirm that Parking Eye have full authority to act as an agent on behalf of ourselves as the land holder to conduct car park management services on our sites, this includes making contracts in their own name through the signage located on our sites.

Unfortunately at this point we would not be able to offer any further comment on this matter and would ask that you direct any points that you wish to raise with Parking Eye directly.

Should I answer to them again or just wait for ParkingEye response?

Anyone knows Nicholas Bowen case?

Guys_Dad · 4 May 2018 at 6:31PM

So you need to look at the signs etc for payment after the 2 hour free period and show their deficiencies.

Redx · 4 May 2018 at 6:33PM

wait for the PE rejection and then start on your popla appeal

the NEWBIES FAQ sticky thread has advice on that in post #3

the Nicholas Bowen case

https://www.theguardian.com/money/2017/aug/26/parking-eye-takes-on-top-barrister-85-fine

http://www.dailymail.co.uk/news/article-4835050/Parking-firm-took-lawyer-85-fine-lost.html

Umkomaas · 4 May 2018 at 8:30PM

The WB reply looks to have PE's fingerprints all over it.

lettki · 5 May 2018 at 10:45AM

Yes I thought exactly the same.
It looks that Welcome Break supports ParkingEye.

The_Deep · 5 May 2018 at 10:58AM

Is not wanting £10 to park for 2 hours and 20 minutes in an MSA excessive? Can one not cite this as an unreasonable term in a consumer contract?

ParkingEye Welcome Break overstay at night

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